Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

War Veterans Allowance Act (R.S.C., 1985, c. W-3)

Act current to 2020-07-28 and last amended on 2015-02-26. Previous Versions

Powers of Minister (continued)

 [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 33]

Marginal note:Investigation

  •  (1) The Minister has all the powers of a commissioner under Part I of the Inquiries Act for the purpose of any investigation required to be made in order to determine whether any allowance should be made, suspended or revoked, what should be the amount of any allowance, or whether payment of any allowance should be made to the recipient or to some other person for administration on behalf of the recipient.

  • Marginal note:Taking oaths, etc.

    (2) Any officer or employee of the Department authorized by the Minister may, in the course of their employment and subject to any other Act of Parliament or any Act of the legislature of a province, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of the administration of this Act or the regulations, and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for taking affidavits.

  • Marginal note:Acceptance of oaths, etc.

    (3) The Minister may accept, for the purpose of the administration of this Act or the regulations, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any officer or employee of

    • (a) a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act, or

    • (b) a department of the government of a province

    who has all the powers of a commissioner for taking affidavits.

  • R.S., 1985, c. W-3, s. 29
  • R.S., 1985, c. 20 (3rd Supp.), s. 33
  • 2000, c. 34, s. 82
  • 2003, c. 22, s. 222

Exchange of Information

Marginal note:Census information

  •  (1) The Minister has the right, for the purpose of ascertaining the age of any applicant, to obtain any information from Statistics Canada on the subject of the age of the applicant that may be contained in the returns of any census taken more than twenty years before the date of the application for the information.

  • Marginal note:Information that shall be made available to Minister

    (1.1) The following personal information relating to a veteran shall, if requested by the Minister, be made available to the Minister for the purpose of determining or verifying the veteran’s service in order to determine eligibility for an allowance under this Act or for a benefit under any enactment incorporating this Act by reference:

    • (a) personal information collected or obtained by the Department of National Defence in the administration of the National Defence Act or the Queen’s Regulations and Orders for the Canadian Forces, or any predecessor enactment relating to the same subject-matter;

    • (b) personal information collected or obtained by the Department of Transport in the administration of the Canada Shipping Act, or any predecessor enactment relating to the same subject-matter; and

    • (c) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act, or any predecessor enactment relating to the same subject-matter.

  • Marginal note:Information that Minister may disclose

    (2) Personal information that has been collected or obtained by the Minister in the administration of this Act, or any enactment incorporating this Act by reference, may be disclosed by the Minister

    • (a) to any person or body, to the extent that the disclosure is necessary in order for the Minister to obtain from that person or body information that the Minister requires for the administration of this Act or any other enactment administered by the Minister;

    • (b) to any officer or employee of the Department, to the extent that the disclosure is required for the administration of this Act or any other enactment administered by the Minister;

    • (c) to the Department of Employment and Social Development, to the extent that the disclosure is required for the administration of the Old Age Security Act or the Canada Pension Plan; and

    • (d) to the Correctional Service of Canada, to the extent that the disclosure is required for the administration of the Corrections and Conditional Release Act.

  • Marginal note:Idem

    (3) Where Social Insurance Numbers have been assigned under the authority of any other Act, the Minister or other authority charged with the administration of that Act and the Minister of Veterans Affairs may exchange any information contained in applications for those numbers and any numbers so assigned and may make or cause to be made available any such information or numbers in such manner as may be authorized by that Act.

  • R.S., 1985, c. W-3, s. 30
  • R.S., 1985, c. 20 (3rd Supp.), s. 34, c. 37 (3rd Supp.), s. 19
  • 1996, c. 11, s. 97
  • 2000, c. 34, ss. 84, 94(F)
  • 2004, c. 11, s. 47
  • 2005, c. 35, s. 66
  • 2012, c. 19, s. 695
  • 2013, c. 40, s. 237

Marginal note:Additional duties of Minister

 The Governor in Council may impose on the Minister duties similar to those performed by the Minister under this Act in respect of any allowances authorized to be paid under any other Act, and such effect shall be given to any such adjudication by the Minister as the Governor in Council may direct.

  • R.S., 1985, c. W-3, s. 31
  • R.S., 1985, c. 20 (3rd Supp.), s. 35

Appeals

Marginal note:Review by departmental official

  •  (1) Where an applicant for an allowance or a recipient is dissatisfied with any adjudication affecting him or her, other than an adjudication under section 18 or on an appeal under subsection (2) of this section, he or she may, in accordance with the regulations, apply to an officer or employee of the Department designated by the Minister for the purpose for a review of the adjudication.

  • Marginal note:Appeal to Veterans Appeal Board

    (2) Where, following a review under subsection (1), the applicant or recipient remains dissatisfied with the adjudication, he or she may appeal the adjudication to the Board, within sixty days after the adjudication is rendered or such longer period as the Board may, for special reasons, allow.

  • (3) to (5) [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 36]

  • R.S., 1985, c. W-3, s. 32
  • R.S., 1985, c. 7 (1st Supp.), s. 8, c. 20 (3rd Supp.), s. 36
  • 2000, c. 34, ss. 85, 90(E)

 [Repealed, 1995, c. 18, s. 104]

Administration of Act

Marginal note:Administration of Act

  •  (1) Subject to this Act, the Minister shall be charged with the administration of this Act and the determination of whether any allowance is payable and the amount thereof.

  • Marginal note:Income information

    (1.1) Subject to section 7, the Minister may, in determining whether an allowance is payable and the amount of the allowance, consider any statement or estimate of income respecting the recipient or their spouse or common-law partner that is being used for the purpose of the Old Age Security Act or the Income Tax Act.

  • Marginal note:Authorization of others to carry out functions, etc.

    (2) The Minister may authorize any person to exercise and perform any of the powers, duties or functions of the Minister under this Act.

  • R.S., 1985, c. W-3, s. 34
  • 2000, c. 34, s. 86

Marginal note:Forms

 Every application, statement, notification, consent or report required or permitted by this Act, or by any enactment incorporating this Act by reference, must be made or given in the form required by the Minister.

  • 2000, c. 34, s. 87

Marginal note:Combining information

 The Minister may combine in any single document, and in any electronic form, the collection of personal information required for the purposes of this Act and other enactments administered by the Minister.

  • 2000, c. 34, s. 87

General

Marginal note:Benefit of the doubt

 In all adjudications or proceedings under this Act, the Minister shall

  • (a) draw from all the circumstances of the case and all the evidence presented to the Minister every reasonable inference in favour of the applicant or recipient;

  • (b) accept any uncontradicted evidence presented to the Minister by the applicant or recipient that the Minister considers to be credible in the circumstances; and

  • (c) resolve in favour of the applicant or recipient any doubt, in the weighing of evidence, as to whether the applicant or recipient has established a case.

  • R.S., 1985, c. W-3, s. 35
  • R.S., 1985, c. 20 (3rd Supp.), s. 37
  • 1990, c. 43, s. 39
 
Date modified: